FINANCIAL INSTITUTIONS

ENERGY

INFRASTRUCTURE, MINING AND COMMODITIES

TRANSPORT

TECHNOLOGY AND INNOVATION

PHARMACEUTICALS AND LIFE SCIENCES

Telecoms in a convergent world

Emerging issues

1. Telecoms in a convergent world

2. Big Data and its implications

3. M2M and the Internet of Things

4. Digital content and video streaming

5. Growing use of strategic alliances

6. Conclusions

Content

2

Dr Martyn TaylorPartner+61 45 777 4711 (mobile)martyn.taylor@nortonrosefulbright.com

1. Telecoms in a convergent world

3

The historic view of convergence

• Digitisation of content combined with increasing use of standardised Internet-based

(data packet) delivery mechanisms.

• Vertically-integrated delivery mechanisms replaced by ‘hourglass model’.

• Increased computing power and more powerful consumer applications

• Result: convergence of telecoms, IT, radio/TV broadcasting, print media, etc

Device can accept all

forms of digital content

and deliver to consumer

Content

Consumer

Disruption of legacy business models

But digital disruption is now arising from a

confluence of enabling technologies…

Broadband

High-speed Internet access

ADVANCED DEVICES AND COMMUNICATIONS

Smartphones

Affordable pocket

supercomputer

Digitalisation

Digital encoding

algorithms

SOPHISTICATED OPERATING SOFTWARE

iOS / Android

Operating system

software

E-commerce

Transactions via digital platforms

SIMPLE AND USER-FRIENDLY INTERFACE

Apps

User-friendly application

software

Not just telecoms… ‘software is eating the world’

Telecoms is at the epicentre of disruption…

8

Telecoms

Software

Telecoms

Software

Software

…and innovation is clearly outpacing regulation

• Continued innovation and convergence across TMT is driving the launch of ever more complex and convergent communications and digital services.

• Modern communications services often now include a combination of:

• In contrast, regulatory models in most jurisdictions still apply regulation based on traditional ‘silo’ models for each regulated sector.

• Licences are required if particular statutory criteria are met, such criteria often based on a pre-convergence view of the world.

• Local regulators frequently have substantial discretion in the manner in which their regimes are interpreted and applied.

• The mismatch between innovative TMT services and legacy regulation raises challenges for advisors and gives rise to real regulatory risk.

• web-based interfaces,

• cloud applications,

• foreign data storage,

• cross-border connectivity,

• voice over Internet Protocol,

• video imagery, and

• interconnectivity to legacy telecommunications services and digital media content.

Innovation – 21st century products Regulation – 20th century models

9

2. Big Data and its implications

10

What is ‘Big Data’ ?

11

‘Big Data’ is (i) the capture of information on a large scale; (ii) the application of powerful analytical computing to that information, then (iii) the use of that analysis to generate value

The vision for ‘Big Data’…

12

"Now we stand facing a new industrial revolution: a digital one. With cloud computing its new engine, big data its new fuel. Transporting the amazing innovations of the internet, and the internet of things. Running on broadband rails: fast, reliable, pervasive “

“Take all the information of humanity from the dawn of civilisation until 2003 - nowadays that is produced in just two days.”

“That is the magic to find value amid the mass of data. The right infrastructure, the right networks, the right computing capacity and, last but not least, the right analysis methods and algorithms help us break through the mountains of rock to find the gold within.”

Big Data is a catalyst for innovation, as consumer needs can be better identified and addressed

2185357213

14

Capture of information on a large scale…

15

Legal issues – data privacy

Storage of that information…

16

Legal issues – data breaches

• Ensuring the security of information located in data centres is already a key issue, raising legal responsibility and risk allocation issues.

• UAE: DIFC Commissioner of Data Protection appointed under DIFC Data Protection Law.

• Consequences of a data breach can extend well beyond legal liability to include reputational damage, cost in management time, loss of business.

• Moreover, the mobile phone itself has become a means of identify verification, particularly for banking.

• Phishing and SIM cloning has become a means for fraudsters to take control of mobile devices, causing real issues for telcos.

Processing of that information….

17

Legal issues – data sovereignty

• The export of personal data from one country to another country can present unique challenges.

• In an environment of cloud computing, the export of data to offshore data processing centres is a reality of 21st

century commerce.

• Integrated telecoms products and services may have a cloud computing or data processing component

• Export of data can be affected by employment laws, healthcare legislation, banking laws, and laws specifically passed to block the transfer of information for certain purposes.

• Location of information is also relevant to the operation of statutory notices in regulatory investigations.

Generation of value….

18

Information secrecy

• Contract: contractual protections to maintain confidentiality and prevent misuse of information.

• Secrecy: IP can be practically protected by maintaining secrecy

Databases

• Copyright: is a database a literary work and therefore subject to copyright protection ?

Software and algorithms

• Copyright: source codes and object codes; sometimes algorithms

• Patents: software and algorithms normally cannot be patented

Legal issues – protecting IP rights

3. M2M and the Internet of Things

19

The Internet of Things (IoT)

MVNOs and M2M – Mobile telecommunications in 201520

• Moore’s law is unleashing low cost, high processing power, tiny chips that can be put into anything from a power outlet to a water pipe.

• A ‘thing’ can therefore be controlled by an Internet-activated micro-computer with its own IP address.

• Wireless networking technology is lowering the cost of communications to the point where most ‘things’ can be connected inexpensively.

• The rise of ‘big data’ makes the cost of storing large-scale data trivial compared to even a few years ago.

• As a result, it is economic to integrate things with processors and connect them to the Internet, to realise substantial benefits, including via real-time data capture and control.

• Powerful applications have the ability to co-ordinate the various ‘things’, leading to the industrialisation of the Internet.

The M2M business model

21

• Machine to machine (M2M) is the name given to a range of technologies that permit information to be exchanged automatically between machines or devices, without human intervention.

• M2M has existed for many years (eg SCADA). However, greater use of low-cost broadband wireless and Internet applications is now driving innovation and rapid M2M market growth.

• M2M covers a broad range of technologies and applications and has provides significant further potential for business innovation:

• Greater ability to collect more accurate information.

• More timely (including real-time) information flows.

• Automated diagnosis and implementation of solutions.

• Greater ability to react to information, providing greater control.

• Overall, greater efficiency and quality in service delivery.

Elements of the M2M / IoT process

22

An M2M process involves a number of discrete stages:

• the collection of a data event by an autonomous hardware device, such as a sensor or meter;

• the transmission of that data through a wireline and/or wireless communications network;

• the receipt and analysis of that data by another autonomous device (sometimes as part of a set of data from multiple autonomous sources) using a telemetry-based software application;

• the translation of that telemetry into meaningful information, including computer-generated directions given to further machines or humans.

Customer expectations are driving industry innovation

23

Embedded SIM:

• In the M2M market, a SIM may not easily be changed via physical access to a device or may be used in an environment that requires a soldered connection, thus there is a need for ‘over the air’ provisioning of the SIM.

• The GSMA’s Embedded SIM Specification provides a single, de-facto standard mechanism for the remote provisioning and management of machine to machine (M2M) connections,

• Allows the “over the air” provisioning of an initial operator subscription, and the subsequent change of subscription from one operator to another.

Customer expectation Industry innovation

Malfunctions in devices

can be quickly

distinguished from

network malfunctions.

Replacement of

customer helpdesks with

on-line network status

reports and diagnostics.

Switching devices to

different networks

without swapping SIM

cards.

Embedded SIM cards

with remote activation.

Switching devices to

different networks during

a home network

downtime.

Domestic roaming where

the home network has

an outage.

Integrated M2M

connectivity platforms,

devices and software

solutions.

Joint ventures and

alliances between telcos

and other suppliers of

M2M solutions, including

M2M MVNOs.

M2M growth forecasts – a USD 1.2 trillion market

24

Source: Machina Research (2012)

• Currently around 2% of mobile connections, by 2022 this will increase to around 22%.

• Global M2M revenue forecast to increase from USD 200 billion to USD 1.2 trillion, of which around 10% involves connectivity and associated services.

• M2M data traffic usage is expected to remain low, at around 1 - 2% of network traffic.

Existing and future applications of IoT

25

Automated

provisionin

g

Remote

monitoring

Middle East

‘smart cities’

initiative

security

systems and

monitoring

intelligent transport

networks

smart

metering for

utilitiessmart medical

devices

traffic

management

inventory

management

Areas of future innovation may include…

• ‘just in time’ inventory monitoring

• law enforcement and surveillance

• tailored insurance premiums

• tailored products and marketing

• anticipatory healthcare and support

• asset geotracking and monitoring

• preventative maintenance

• intelligent and networked cars

• intelligent houses and appliances

• information-intensive micropayments

Potential huge range of applications for IoT

MVNOs and M2M – Mobile telecommunications in 201526

Legal and regulatory issues for IoT

27

• Common issue in 21st century telecoms are regulatory systems based on 20th century technologies. Pace of technological innovation has far exceeded pace of regulatory change.

• While many legal issues are common to other technologies, there are some nuances and issues that are unique to the M2M environment.

• Key issues:

• spectrum management;

• device certification;

• numbering,

• data security and privacy;

• contractual liability.

• Also market liberalisation issues such as regulatory restrictions on roaming and restrictions on the use of MVNOs, as well as general competition policy where mobile operators refuse to provide access.

Spectrum management for IoT

28

• Key implications for spectrum policy:

• greater flexibility in use of spectrum (technology neutral);

• spectrum usage locked in for longer periods (e.g., 2G devices).

• If an operator does not hold its own spectrum and wishes to sell M2M services, it would be necessary to enter into an MVNO or resale arrangement with an existing operator – see later slides.

• Many existing wireless standards are optimised for traditional mobiles (high data rates with fewer devices), but would have difficulty supporting M2M (low data rates with many devices.

• Some jurisdictions are considering allocating spectrum specifically for M2M purposes (e.g., US – auction in 2014 for 3.5GHz band).

• Global industry standards are evolving, including in the context of LTE, to carve out a niche for M2M decides (e.g., low cost devices that use half duplex or single receivers on lower power levels).

Device certification for IoT

29

• Most jurisdictions require certification of radiofrequency devices with certification requirements varying between regimes.

• There are typically three layers of regulation: (a) regulator approval; (b) industry standards association approval; and (c) operator approval. The latter is often the most difficult to obtain.

IoT Case Study - Embedded SIM cards in BMWs

30

• During 2012, Vodafone and BMW announced a five-year deal to fit all BMWs with mobile SIM chips for telematics services.

• The deal involves fitting SIM cards within the vehicles at the assembly plant, so they are embedded in the vehicle during manufacturing.

• The SIMs are built to last up to 10 years.

• The SIMs allows BMW to roll out a host of new services on its ConnectedDrive platform including automatic emergency call, remote locking and unlocking using the smartphone app, 24/7 concierge service and TeleService which provides direct communication to the auto-maker for vehicle maintenance and diagnosis purpose.

• A range of similar deals have subsequently been concluded with other car manufacturers.

• Question: Is BMW therefore a mobile reseller?

31

IoT disruptive potential – the ‘Smart Grid’

32

4. Digital content and video streaming

33

Increasing speeds driving different applications

500kbit/s to 1Mbit/s

VoIP

SMS

Basic e-mail

Simple web browsing

Low-quality video

1 to 5 Mbit/s

Complex web browsing

Email with attachments

Remote surveillance

IPTV SD (1-3 channels)

Simple telecommuting

Digital broadcast (1 ch)

Streaming music

5 to 10 Mbit/s

Complex telecommuting

Large file-sharing

IPTV SD (many channels)

Switched digital video

Video on demand SD

Broadcast video SD

Video streaming (2-3 ch)

Video download HD

Low-quality telepresence

Gaming

Basic medical file sharing

Basic remote diagnosis

Remote education

Building management

10 to 100Mbit/s

Telemedicine

Educational services

Broadcast video SD/HD

IPTV HD

Complex gaming

Complex telecommuting

Complex telepresence

Surveillance HD

Intelligent buildings

100Mbit/s to 1 Gbit/s

Telemedicine HD

Multiple educational

Broadcast video full HD

Full IPTV channel support

Video on demand HD

Gaming (immersion)

Full telecommuting

1 to 10 Gbit/s

Research applications

HD telepresence

Digital cinema streaming

Complex telemedicine

Scientific remote control

Virtual reality

Terabyte file sharing

Remote supercomputing

BASIC BROADBAND HIGH SPEED BROADBAND SUPERFAST BROADBAND

The UAE is a world leader in broadband penetration, so can also lead in new applications

Media sector is experiencing dramatic reform…

Historically, advertising supported the delivery of subsidised content. Now, a proliferation of business models…

36

Streaming of content over mobile devices….

Quote from Deloitte

37

… but premium content can be expensive

Legal issues – exclusivity

• The market for delivery of content to consumers is becoming crowded, conferring greater market power to content creators. In turn, this is driving up the price of premium content.

• In such an environment, the firm with the deepest pockets can often use exclusivity to lock up critical content. Telecoms operators have historically been active in the content market, but are now being challenged by global Internet giants.

• Is regulatory intervention appropriate or desirable?

38

… and piracy of content remains a real issue

5. Growing use of strategic alliances

39

Example – Indosat Ooredoo in Indonesia

40

“Indosat Ooredoo and Indovision

Establish Strategic Partnership” (2016)

Delivery of content from Indonesia’s

largest pay TV operator over Indosat’s

4G LTE network

Also….

Twitter (mobile recharge); GoSwiff (electronic payment); Fortumo (direct carrier billing);

iFlix (OTT multiscreen TV); Ericsson (M2M platform); Arsenal (soccer content);

DoCoMo (embedded SIMs); Google (Google Play)

“Indosat, Lintasarta, IBM team

up for cloud service” (2015)

Partnership for the delivery of

joint cloud and telecoms

solutions to corporate sector.

JVs and alliances – both risks and rewards

41

• Outright acquisitions – especially if buyer has limited experience – can be risky

• Joint ventures can reduce financial, cultural and/or political risk and give investor time to understand local market

• Local partners can benefit from international expertise of investor

Risk sharing for new markets

• Increasing number and complexity of such regimes is driving investors increasingly to joint venture structures

• In some jurisdictions foreign investors can only hold a maximum of 49% interest

• Use of trust arrangements also employed

Antitrust and foreign ownership regimes

• Propensity for local partners to want to litigate in their domestic courts – can be slow and bureaucratic

• Procedural inefficiencies and corruption can make litigating disputes challenging

• Law may be applied in unfamiliar way

• Different jurisdictions take different approaches to dispute resolution clauses

Disputes

Practical issues to consider… example of JVs

42

• JVCo retains a certain degree of autonomy – may not be fully integrated

• On-going commercial relationship with joint venture partner – legislation may view client as benefitting from improper actions by its joint venture partner

• What is the rationale for entering into the joint venture?

• Rights/access to information is generally limited

Risks of joint ventures generally higher

• Detailed warranties on ABC/mutual undertakings by parties to comply with ABC laws etc.

• Right of access to certain information re adequate ABC policies/procedures -– in particular involvement in audit committee

Protections to consider including in JV agreement

• Training for JVCo employees who are identified as subject to high ABC risk by virtue of their role

• Ensure JVCo has appropriate ABC policies in place

• Appointment of own employees to key roles as a compliance tool? Rotation?

• Consider JVCo’s whistle-blower procedures/process

Other practical steps for consideration

ABC = Anti-Bribery and Corruption

Strategic alliances - healthcare and telecoms

43

• Huge opportunity provided by Internet of Things and M2M

• Growth in wearable devices, such as the Apple Watch

• Broadband wireless is now facilitating mobile health and remote access to healthcare

Strategic alliances - transport and telecoms

44

• Again, huge opportunity provided by Internet of Things and M2M

• Growth in embedding of computers and Internet into cars, such as Tesla

• Broadband wireless is now allowing networking of cars and autonomous cars

7. Conclusions

45

Key points from this presentation

46

1. Convergence in telecoms/media/IT has created integrated platforms that are now

driving software-driven disruption throughout the global economy. Telecoms is well

positioned to leverage this disruption.

2. Regulatory models are not keeping pace with innovation, creating risks but also a

new generation of issues associated with Big Data, M2M/IoT, and digital content.

3. In the context of Big Data, telcos face an increasing focus on data privacy, data

protection and security, data sovereignty and protecting IP rights.

4. In the context of M2M and IoT, telcos face interesting issues in applying historic

licensing models to new integrated products, including embedded SIMs in vehicles

and smart grids. Issues are also arising in spectrum management and device

certification.

5. As broadband penetration has increased, delivery of streamed digital content has

become popular, but has lead to a proliferation of business models and a spike in the

price of content. In turn, this has placed greater emphasis on content exclusivity

issues and digital piracy.

6. The overlaps between different sectors are creating much scope for strategic

partnerships, JVs and alliances. However, while opportunities exist, so do risks and

there are many practical issues to consider.

About Norton Rose Fulbright

47

• World’s third largest legal practice with more than 3,800 lawyers in 53 offices.

• We have a global focus on six core areas of expertise, including technology & innovation.

• Our reputation is to provide high quality and commercial advice, yet to be friendly and approachable.

48

Geographic breadth and friendly reputation

0

Contact us

Dr Martyn Taylor

Partner / Head of Telecoms (Asia-Pacific)

+61 2 9330 8056

+61 45 777 4711 (Mobile)

martyn.taylor@nortonrosefulbright.com

Profile: http://www.nortonrosefulbright.com/people/56359/drmartyntaylor

nortonrosefulbright.com

2185357249

Norton Rose Fulbright Australia is a law firm as defined in the Legal Profession Acts of the Australian states and territory in which it practises.

Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South Africa (incorporated as Deneys Reitz Inc) and Fulbright & Jaworski

LLP, each of which is a separate legal entity, are members (‘the Norton Rose Fulbright members’) of Norton Rose Fulbright Verein, a Swiss Verein. Norton Rose Fulbright Verein helps

coordinate the activities of the Norton Rose Fulbright members but does not itself provide legal services to clients.

The purpose of this communication is to provide general information of a legal nature. It does not contain a full analysis of the law nor does it constitute an opinion of any Norton Rose Fulbright

entity on the points of law discussed. You must take specific legal advice on any particular matter which concerns you. If you require any advice or further information, please speak to your usual

contact at Norton Rose Fulbright.